NYS Notary Exam 2023 with complete solutions

Appointment as Notary Fee: - Answer- $60 total, [$40 for appointment and $20 for filing fee] change of name address fee - Answer- $10 Duplicate Identification Card Fee - Answer- $10.00 --- must say duplicate Issuance of Certificate of Official Character Fee - Answer- $1.00 Filing Certificate of Official Character Fee - Answer- $1 authentication certificate fee - Answer- $3 Protest of Note, Commercial Paper, etc. Fee - Answer- $0.75 Each additional Notice of Protest (limit 5) each fee - Answer- $0.10 Oath/Affirmation Fee - Answer- $2.00 acknowledgement (each person) fee - Answer- $2.00 Proof of Execution (each person) fee - Answer- $2 swearing a witness fee - Answer- $2 Acknowledgement - Answer- a formal declaration made before an offer (i.e. notary public) by a person who has executed a written instrument as his free act and deed. Should not take ____ if he has an interest in the legal instrument. a notary public who takes a false certificate is guilty of forgery in the second degree. It is punishable by imprisonment for a term of not exceeding 7 years. a notary public taking ___ over the phone is guilty of a misdemeanor administrator - Answer- a person appointed by the court to manage the estate of a deceased person who left no will affiant - Answer- The person who swears to an affidavit or statement. affidavit - Answer- a sworn statement signed by the person swearing by it. It is sworn personally before a notary public or other officer who has the authority to administer an oath. it is an ex parte statement affirmation - Answer- someone who declines to take an oath for religious, ethical, or other reasons. Instead of taking an oath, the person may affirm that certain statements are true. It is equivalent to an oath and it is just as binding. apostile - Answer- a form of authentication issued by the department of state. it is a notarized and county certified document. can be internationally attest - Answer- to be present and subscribe as a witness to the execution of a written instrument, at the request of the person who makes it. attestation clause - Answer- That clause (e.g., at the end of a will) wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of the same. authentication (notarial) - Answer- A document signed by a notary public that is authenticated by a county clerk. This authenticates/verifies the authority of the notary public. Also called the county clerk's certificate. bill of sale - Answer- a written instrument given from a vendor (selleR) to vendee (buyer) to pass title of personal property. Certified Copy - Answer- a signed and certified public record meant to certify that is is the original copy. Only public officials that have the original copy can perform the certification. a notary public cannot issue certified copies chattel - Answer- personal property that is movable, such as household goods or fixtures. Does not include real estate. chattel paper - Answer- writing that indicates that the holder is owed money and has a security interest in valuable goods associated with the debt codicil - Answer- an instrument made after a will and modifying the will in some respects considersation - Answer- anything of value (i.e. money, possessions, love etc) given to initiate a contract contempt of court - Answer- disrespectful behavior towards the authority of a court which disrupts the execution of court orders. contract - Answer- an agreement between parties for a legal consideration conveyance (deed) - Answer- A legal document that serves as proof of a deed (or title) which creates, transfers, assigns, or surrenders any estate or interest in real property. deponent - Answer- a person who testifies to information or facts under oath in a deposition. also an affiant deposition - Answer- aa witness's sworn out-of-court testimony under oath or by affirmation, before an authorized official. It is used at the trial or hearing. duress - Answer- unlawful constraint put on a person to be forced to do some act against his will. escrow - Answer- an instrument that is put into custody of a third-party to be held until the occurrence of an event. executer - Answer- a person named in a will to carry out the requirements of the will ex parte (from one side only) - Answer- a hearing or examination without requiring all of the parties to be present. felony - Answer- A crime punishable by death or imprisonment in a state prison. guardian - Answer- a person in charge of a minor's person or property judgement - Answer- a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding jurat - Answer- the clause at the end of the document stating the date, place and name of the officer (notary public) certifies that it is sworn before him. Example wording: "Sworn to before me on this day __ of __, in ___" laches - Answer- the delay or negligence in asserting one's legal rights lease - Answer- a contract made for a consideration (i.e. rent) in which the owner of property (real estate, car etc) allows use of the property for a specified period of time (term). lien - Answer- the right to retain the possession of another person's property until the owner fulfills a legal duty to the person holding the property, such as a satisfying a debt litigation - Answer- the act of carrying on a lawsuit misdemeanor - Answer- any crime other than a felony mortgage on real property - Answer- A legal document that creates a lien on real estate as security until a debt has been satisfied. notary public - Answer- a public officer who can perform many duties such as: - executes acknowledgments of deeds -administrator of oaths and affirmations the truthfulness of statements - take affidavits declarations oath - Answer- a declaration made by the person taking it that his statements are true to his knowledge. It must be taken before an authorized person (notary public). must be administered as required by law personally in front of a notary public and cannot be administered over the phone. the person taking it must say "i do" or something similar in meaning a corporation or a partnership cannot take it a notary public cannot administer it to itself. plaintiff - Answer- a person or group who initiates a lawsuit against another party power of attorney - Answer- a legal document giving one person the power to act for another person proof - Answer- a formal declaration made by a subscribing witness usually stating that he witnessed the signature of the signer of the document protest - Answer- a formal declaration made by a notary public declaring a default in payment on a promissory note seal - Answer- in nys, notaries public are not required to use a seal. the only inscription required is the name of the notary and the words "Notary Public for the State of New York" signature of notary public - Answer- must use the name he was appointed. In addition to this, the following must be included: -venue -name printed, typewritten, or stamped beneath his signature in black ink. -the words "Notary Public State of New York" -the name of the county in which he is qualified -date that his commission expires. Note: -someone who marries during their commission may continue to use their name they were using prior to their marriage. If they chose to use their married name instead, they will need to use this format as their signature and seal: name prior to marriage, followed by married name in parenthesis. When renewing their commission, they can choose to renew under their married name or the name prior to marriage. -can be appointed under a religious name if he is a member of a religious order. statute - Answer- A law established by an act of the legislature. statute of frauds - Answer- a state law that refers that certain kinds on contracts must be in writing so that they can be enforceable. statute of limitations - Answer- A law that limits the time within which a criminal prosecution or a civil action must be started. subordination clause - Answer- a clause in an agreement which states that a future mortgage takes priority over an existing mortgage. sunday - Answer- a notary public may administer an oath or take an affidavit or acknowledgment on. Sunday, but cannot take a deposition in a civil proceeding. Swear - Answer- to take an oath taking an acknowledgement - Answer- a notary public needs to certify the following: 1. Tells the notary public that he is the person named in the instrument. 2. has satisfactory evidence, of the identity of the person, whose acknowledgement is taken. After the requirements are met, the notary public certifies to taking the acknowledgment by signing his official signature to the form. venue - Answer- the location where the notarial act takes place, usually stated in the following format at the beginning of the notarial certificate or at the top of the notary's jurat or official certification: "State of New York, County of (New York) ss:" will - Answer- an instrument by which a person makes a disposition of his property to take effect after death. A notary public who does not practice law may retain their appointment upon moving out of state if they intend to return (T/F) - Answer- False A notary public vacates their position once they move out of the state and holds no place of business within NYS (T/F) - Answer- TRUE A notary public is allowed one replace ID card free of charge (T/F) - Answer- Fase A $10 fee will be charged for the duplicate ID replacement (T/F) - Answer- True A notary public can file his signature and certificate of character in any country of the state he is commissioned in (T/F) - Answer- True The county clerk can verify that a certificate of a notary has been filed and matches a signed document. (T/F) - Answer- True A person removed from office as a commissioner of deeds can be appointed a notary public following their probation. (T/F) - Answer- False Once removed, notary publics are no longer eligible to become a notary public. (T/F) - Answer- True An inspector of elections is eligible to become a notary public (T/F) - Answer- True Violating the selective draft act automatically disqualifies a person from being a notary public (T/F) - Answer- True There are no exemptions on who has to pay the fee to become a not